Legality

ILLEGAL: Delta 8 THC is not legal according to Idaho state law.

HOUSE BILL NO. 122

AN ACT RELATING TO HEMP; AMENDING TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 17, TITLE 22, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO PROVIDE LEGISLATIVE INTENT, TO DEFINE A TERM, TO PROVIDE FOR RESEARCH AND PRODUCTION OF HEMP, AND TO PROVIDE FOR THE REGULATION OF HEMP; AMENDING SECTION 37-2701, IDAHO CODE, TO REVISE A DEFINITION AND TO DEFINE A TERM; AMENDING SECTION 37-2705, IDAHO CODE, TO PROVIDE AN EXCEPTION FOR CERTAIN HEMP REGARDING TETRAHYDROCANNABINOLS; AND AMENDING SECTION 37-2732, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE.

22-1703. DEFINITION.

As used in this chapter, “hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis.

37-2701. DEFINITIONS.

(p) “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis, the research an development of which, among other activities, are expressly authorized by chapter 17, title 22, Idaho Code.

(u) “Marijuana” means all parts of the plant of the genus Cannabis, regardless of species, and whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. It does not include hemp or the mature stalks of the plant unless the same are intermixed with prohibited parts thereof, fiber produced from the stalks, oil or cake made from the seeds or the achene of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom or where the same are intermixed with prohibited parts of such plant, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. Evidence that any plant material or the resin or any derivative thereof, regardless of form, contains more than three-tenths of one percent (0.3%) of any of the chemical substances classified as tetrahydrocannabinols shall create a presumption that such material is “marijuana” as defined and prohibited herein.

37-2705. SCHEDULE I.

(d) Hallucinogenic substances. (27) Tetrahydrocannabinols, except in hemp with no more than three-tenths of one percent (0.3%), or synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure such as the following:

i. Tetrahydrocannabinols:

a. ∆ 1 cis or trans tetrahydrocannabinol, and their optical isomers, excluding dronabinol in sesame oil and encapsulated in either a soft gelatin capsule or in an oral solution in a drug product approved by the U.S. Food and Drug Administration.

b. ∆ 6 cis or trans tetrahydrocannabinol, and their optical isomers.

c. ∆ 3,4 cis or trans tetrahydrocannabinol, and its optical isomers. (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are covered.)

Legal document found HERE

LEGAL: Delta 8 THC is legal according to Illinois state law as it defers to federal law, which makes delta 8 THC explicitly legal.

INDUSTRIAL HEMP ACT (505 ILCS 89/5)

“Industrial Hemp” means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis that has been cultivated under a license issued under the Act or is otherwise lawfully present in this State, and includes any intermediate or finished product made or derived from industrial hemp.

“THC” means delta-9 tetrahydrocannabinol.

(505 ILCS 89/20)

Sec. 20. Hemp products. Nothing in this Act shall alter the legality of hemp or hemp products that are presently legal to possess or own.

(505 ILCS 89/25)

Sec. 25. Violation of federal law. Nothing in this Act shall be construed to authorize any person to violate federal rules, regulations, or laws. If any part of this Act conflicts with a provision of the federal laws regarding industrial hemp, the federal provisions shall control to the extent of the conflict.
(Source: P.A. 100-1091, eff. 8-26-18.)

Legal document found HERE

Section 905. The Cannabis Control Act is amended by changing Sections 3 and 8 as follows:(720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
Sec. 3. As used in this Act, unless the context otherwise requires:

(a) “Cannabis” includes marihuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. “Cannabis” does not include industrial hemp as defined and authorized under the Industrial Hemp Act.

Legal document found HERE

Delta 8 THC is legal according to Indiana state law. Like federal law, Indiana specifically legalized all derivates, cannabinoids, and isomers of hemp.

SENATE ENROLLED ACT NO. 516

SECTION 6. IC15-15-13-6

“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis, for any part of the Cannabis sativa L. plant.

SECTION 7. IC15-15-13-6.5

“Hemp product” means a product derived from, or made by, processing hemp plants or plant parts including derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers. However, the term does not include:

(1) smokable hemp (as defined by IC35-48-1-26.6); or

(2) products that contain a total delta-9-tetrahydrocannabinol concentration of more than three-tenths of one percent (0.3%) by weight

Legal document found HERE

ARTICLE 48. CONTROLLED SUBSTANCESIC 35-48-1-19 “Marijuana”

Sec. 19. (a) “Marijuana” means any part of the plant genus Cannabis whether growing or not; the seeds thereof; the resin extracted from any part of the plant, including hashish and hash oil; any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.

(b) The term does not include:

(1) the mature stalks of the plant;

(2) fiber produced from the stalks;

(3) oil or cake made from the seeds of the plant;

(4) any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom);

(5) the sterilized seed of the plant which is incapable of germination; or

(6) industrial hemp (as defined by IC 15-15-13-6).

As added by P.L.5-1988, SEC.199. Amended by P.L.165-2014, SEC.3.

IC 35-48-2 Chapter 2. Classification of Drugs

(d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic, psychedelic, or psychogenic substances, their salts, isomers, and salts of isomers whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subsection only, the term “isomer” includes the optical, position, and geometric isomers):

(31) Tetrahydrocannabinols (7370), including synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as:

(A) π1 cis or trans tetrahydrocannabinol, and their optical isomers;

(B) π6 cis or trans tetrahydrocannabinol, and their optical isomers; and

(C) π3,4 cis or trans tetrahydrocannabinol, and their optical isomers.

Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are covered. Other name: THC.

Legal document found HERE

ILLEGAL: Delta 8 THC is illegal according to Iowa state law.

The Iowa Department of Agriculture and Land Stewardship is in the process of developing a state plan to license and regulate the production of hemp. It was submitted to the USDA for approval on Dec. 11, 2019. It is not legal to grow, possess, buy or sell hemp in Iowa until the USDA approves the state plan and the Department publishes notice of the approval in the Iowa Administrative Bulletin. Hemp production will likely not be legalized until the 2020 growing season at the earliest, depending on the timing of the review and approval process. Per Iowa DOA Website

CHAPTER 96 - HEMP

21—96.1(204) Definitions

“Hemp” means:

1. The plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis when tested using postdecarboxylation or other similarly reliable methods.

2. A plant of the genus Cannabis other than Cannabis sativa L., with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis when tested using postdecarboxylation or other similarly reliable methods, but only to the extent allowed by the department in accordance with applicable federal law, including the federal hemp law.

“THC” means total tetrahydrocannabinol as determined by an official laboratory test postdecarboxylation.

Legal document found HERE

IOWA CODE 124 – CONTROLLED SUBSTANCES124.101 Definitions

20. “Marijuana” means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, Thu Dec 05 12:35:22 2019 Iowa Code 2020, Chapter 124 (49, 4) §124.101, CONTROLLED SUBSTANCES 4 manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination.

4. Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this paragraph only, the term “isomer” includes the optical, position and geometric isomers):

u. Tetrahydrocannabinols, except as otherwise provided by rules of the board for medicinal purposes, meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (Cannabis plant) as well as synthetic equivalents of the substances contained in the Cannabis plant, or in the resinous extractives of such plant, and synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:

(1) 1 cis or trans tetrahydrocannabinol, and their optical isomers.

(2) 6 cis or trans tetrahydrocannabinol, and their optical isomers.

(3) 3,4 cis or trans tetrahydrocannabinol, and their optical isomers. (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.)

Legal document found HERE

Delta 8 THC is legal according to Kansas state law. Like federal law, Kansas specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

SENATE BILL NO. 263

New Section 1.

(2) ‘‘Delta-9 tetrahydrocannabinol concentration’’ means the combined percentage of delta-9 tetrahydrocannabinol and its optical isomers, their salts and acids, and salts of their acids, reported as free THC on a dry weight basis, of any part of the plant cannabis sativa L.

(4) ‘‘Hemp products’’ means all products made from industrial hemp, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption and certified seed for cultivation, if the seeds originate from industrial hemp varieties.

(5) ‘‘Industrial hemp’’ means all parts and varieties of the plant cannabis sativa L., cultivated or possessed by a state educational institution or the department, whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of no more than 0.3% on a dry weight basis.

Sec. 4. K.S.A. 2017 Supp. 21-5701 is hereby amended to read as follows: 21-5701.

(j) ‘‘Marijuana’’ means all parts of all varieties of the plant Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. ‘‘Marijuana’’ does not include:

(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake or the sterilized seed of the plant which is incapable of germination; or

(2) any substance listed in schedules II through V of the uniform controlled substances act; or

(3) industrial hemp as defined in section 1, and amendments thereto, when cultivated, possessed

Sec. 7. K.S.A. 2017 Supp. 65-4105 is hereby amended to read as follows: 65-4105.

(h) Any of the following cannabinoids, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

(1) Tetrahydrocannabinols……………………………………………………… 7370
Meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers Delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.), except tetrahydrocannabinols obtained from industrial hemp as defined in section 1, and amendments thereto, when cultivated, possessed or used for activities authorized by the alternative crop research act.

Legal document found HERE

LEGAL: Delta 8 THC is legal according to Kentucky state law. Like federal law, Kentucky specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

KRS 260.850 TO 260.869 INDUSTRIAL HEMP

260.850 Definitions

(5) “Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis;

(6) “Industrial hemp products” means products derived from, or made by, processing industrial hemp plants or plant parts;

Legal document found HERE

40 KRS 218A.010218A.010 Definitions for chapter.

(27) “Marijuana” means all parts of the plant Cannabis sp., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin or any compound, mixture, or preparation which contains any quantity of these substances. The term “marijuana” does not include:

(a) Industrial hemp that is in the possession, custody, or control of a person who holds a license issued by the Department of Agriculture permitting that person to cultivate, handle, or process industrial hemp;

(b) Industrial hemp products that do not include any living plants, viable seeds, leaf materials, or floral materials;

(c) The substance cannabidiol, when transferred, dispensed, or administered pursuant to the written order of a physician practicing at a hospital or clinic affiliated with a Kentucky public university having a college or school of medicine;

(d) For persons participating in a clinical trial or in an expanded access program, a drug or substance approved for the use of those participants by the United States Food and Drug Administration;

(e) A cannabidiol product derived from industrial hemp, as defined in KRS 260.850; or

(f) A cannabidiol product approved as a prescription medication by the United States Food and Drug Administration;

Legal document found HERE

LEGAL: Delta 8 THC is legal according to Louisiana state law. Like federal law, Louisiana specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

HOUSE BILL NO. 491 ACT NO.164. PART V. INDUSTRIAL HEMP

§1462. Definitions

(10) “Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more 0.3 percent on a dry weight basis.

Legal document found HERE

RS 40:961. PART X. UNIFORM CONTROLLED DANGEROUS SUBSTANCES LAW

§961. Definitions

§961.1. Industrial hemp exemption

Notwithstanding the definitions provided for in R.S. 40:961(6) and (26), the provisions of the Uniform Controlled Dangerous Substances Law shall not apply to industrial hemp or industrial hemp-derived CBD products as provided for in Parts V and VI of Chapter 10-A of Title 3 of the Louisiana Revised Statutes of 1950. Acts 2019, No. 164, §2, eff. June 6, 2019.

Legal document found HERE

§964. Composition of schedules

C. Hallucinogenic substances.

(27) Tetrahydrocannabinols, including synthetic equivalents and derivatives, except for tetrahydrocannabinols in hemp

Legal document found HERE

LEGAL: Delta 8 THC is legal according to Maine state law. Like federal law, Mainespecifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

TITLE 7: AGRICULTURE AND ANIMALS. PART 5: PLANT INDUSTRY. CHAPTER 406-A: HEMP

§2231. Industrial hemp

1. Definition.

D. “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta‑9‑tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis, or as otherwise defined in federal law. “Hemp” includes agricultural commodities and products derived from hemp and topical or ingestible consumer products, including food, food additives and food products derived from hemp, which in their final forms contain a delta-9-tetrahydrocannabinol concentration of not more than 0.3% or as otherwise defined in federal law. “Hemp” does not include marijuana for medical use pursuant to Title 22, chapter 558‑C or adult-use marijuana pursuant to Title 28‑B, chapter 1. [PL 2019, c. 528, §1 (NEW).]

Title 22: HEALTH AND WELFARE. Subtitle 2: HEALTH. Part 5: FOODS AND DRUGS. Chapter 558-C: MAINE MEDICAL USE OF MARIJUANA ACT

§2422. Definitions

4-L. Marijuana product. “Marijuana product” means a product composed of harvested marijuana and other ingredients that is intended for medical use. “Marijuana product” includes, but is not limited to, an edible marijuana product, a marijuana ointment and a marijuana tincture. “Marijuana product” does not include marijuana concentrate or a product containing hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D.
[PL 2019, c. 528, §15 (AMD).]

Title 28-B: ADULT USE MARIJUANA. Chapter 1: MARIJUANA LEGALIZATION ACT. Subchapter 1: GENERAL PROVISIONS

§102. Definitions

27. Marijuana. “Marijuana” means the leaves, stems, flowers and seeds of a marijuana plant, whether growing or not. “Marijuana” includes marijuana concentrate but does not include hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D or a marijuana product.
[PL 2019, c. 528, §18 (AMD).]

28. Marijuana concentrate. “Marijuana concentrate” means the resin extracted from any part of a marijuana plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin, including, but not limited to, hashish. “Marijuana concentrate” does not include resin extracted from hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D. In determining the weight of marijuana concentrate in a marijuana product, the weight of any other ingredient combined with marijuana or marijuana concentrate to prepare the marijuana product may not be included.
[PL 2019, c. 528, §19 (AMD).]

Legal document found HERE

LEGAL: Delta 8 THC is legal according to Maryland state law. Like federal law, Maryland specifically legalized all derivates, cannabinoids, and isomers of hemp.

HOUSE BILL 1123. CHAPTER 228 - AGRICULTURE – HEMP RESEARCH AND PRODUCTION

(r) (2) “Marijuana” does not include:

(vi) [the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis] HEMP AS DEFINED IN § 14–101 OF THE AGRICULTURE ARTICLE

14–101. SUBTITLE 1. DEFINITIONS.

(c) (1)“HEMP” means the plant Cannabis sativa L. and any part of  THAT plant, INCLUDING ALL DERIVATIVES, EXTRACTS, CANNABINOIDS, ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS, whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis.

Legal document found HERE

TITLE 5 - CONTROLLED DANGEROUS SUBSTANCES, PRESCRIPTIONS, AND OTHER SUBSTANCES. SUBTITLE 4 - SCHEDULES

Section 5-402 – Schedule I.

(1) A material, compound, mixture, or preparation that contains any of the following hallucinogenic or hallucinogenic-like substances is a substance listed in Schedule I:

(vii) marijuana;

(xii) tetrahydrocannabinol;

Legal document found HERE

LEGAL: Delta 8 THC is legal according to Massachusetts state law. Like federal law, Massachusetts specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

BILL H.4001

SECTION 3.

“Cannabidiol” or “CBD”, the compound by the same name derived from the hemp variety of the Cannabis sativa L. plant.

“Hemp”, the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp. Hemp shall be considered an agricultural commodity.

Agriculture Improvement Act of 2018

Effective Date: 10/31/2019

“hemp” means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

“Hemp Products”, all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including, but not limited to cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.

“Industrial Hemp”, the equivalent in all meanings to hemp, as defined in this section.

“Tetrahydrocannabinol” or “THC”, notwithstanding any other provision of the law, the THC that is found in hemp shall not be considered to be THC in qualifying as a controlled substance.

Section 121.

The department may inspect and have access to the equipment, supplies, records, real property and other information deemed necessary to carry out the department’s duties under sections 116 to 123, inclusive, from a person participating in the planting, growing, harvesting, possessing, processing, purchasing or researching of hemp, industrial hemp. The department may establish an inspection and testing program to determine delta-9 tetrahydrocannabinol levels and ensure compliance with the limits on delta-9 tetrahydrocannabinol concentration.

Section 122.

(a). Hemp-derived cannabinoids, including CBD, are not considered controlled substances or adulterants.

(b) Products containing one or more hemp-derived cannabinoids, such as CBD, intended for ingestion are to be considered foods, not controlled substances or adulterated products.

(c) Retail sales of hemp products may be conducted when the products and the hemp used in the products were grown and cultivated legally in another state or jurisdiction and meet the same or substantially the same requirements for processing hemp products or growing hemp under the State Hemp Program.

Legal documents found HERE

MAYBE (CONFLICTING LAWS): Delta 8 THC may be legal according to Michigan state law. While the hemp law specifically says all cannabinoids, isomers, and derivatives of hemp are legal, Michigan’s controlled substances policies say that Delta 8, as an isomer and derivative is not legal. Because these laws conflict, there seems to be a grey area surrounding the use of Delta 8 THC in Michigan.

HOUSE BILL NO. 6330 - INDUSTRIAL HEMP RESEARCH AND DEVELOPMENT ACT

Act No. 641
EFFECTIVE DATE: January 15, 2019

(i) “Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the viable seeds of that plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis. Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer products derived from the plant Cannabis sativa L. with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.

(v) “THC” means tetrahydrocannabinol.

Legal document found HERE

PUBLIC HEALTH CODE (EXCERPT) ACT 368 OF 1978333.7106 Definitions;

(2) “Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the viable seeds of that plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis. Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer products derived from the plant Cannabis sativa L. with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.

(4) “Marihuana” means all parts of the plant Cannabis sativa L., growing or not; the seeds of that plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. Marihuana does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination. Marihuana does not include industrial hemp.

Legal document found HERE

333.7212 Schedule 1; controlled substances included.

(d) Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis and synthetic substances, derivatives, and their isomers with similar chemical structure or pharmacological activity, or both, such as the following, are included in schedule 1:

(i) /\1 cis or trans tetrahydrocannabinol, and their optical isomers.

(ii) /\6 cis or trans tetrahydrocannabinol, and their optical isomers.

(iii) /\3,4, cis or trans tetrahydrocannabinol, and their optical isomers.

Legal document found HERE

LEGAL: Delta 8 THC is legal according to Minnesota state law.

INDUSTRIAL HEMP DEVELOPMENT ACT.

18K.02 DEFINITIONS.

Subd. 3.Industrial hemp. “Industrial hemp” means the plant Cannabis sativa L. and any part of the plant, whether growing or not, including the plant’s seeds, and all the plant’s derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp is not marijuana as defined in section 152.01, subdivision 9.

Legal document found HERE

MINNESOTA STATUTES 2019. CHAPTER 152. DRUGS; CONTROLLED SUBSTANCES152.01 DEFINITIONS.

Subd. 9. Marijuana. “Marijuana” means all parts of the plant of any species of the genus Cannabis, including all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. Marijuana does not include hemp as defined in section 152.22, subdivision 5a.

Legal document found HERE

152.02  Subd. 2. Schedule I.

(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically excepted or unless listed in another schedule, any natural or synthetic material, compound, mixture, or preparation that contains any quantity of the following substances, their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, or salts is possible:

(1) marijuana;

(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, synthetic equivalents of the substances contained in the cannabis plant or in the resinous extractives of the plant, or synthetic substances with similar chemical structure and pharmacological activity to those substances contained in the plant or resinous extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;

Legal document found HERE

152.22 DEFINITIONS.

Subd. 5a.Hemp. “Hemp” has the meaning given to industrial hemp in section 18K.02, subdivision 3.

Legal document found HERE

ILLEGAL: 

Delta 8 THC is not legal according to Mississippi state law.

MISSISSIPPI HEMP CULTIVATION TASK FORCE - HOUSE BILL 1547:

EXECUTIVE SUMMARY

Hemp is still classified as a Schedule 1 controlled substance in the State of Mississippi.

However, the following products are exempted from control:

• THC-containing industrial products made from cannabis stalks (e.g., paper, rope and clothing);

• Processed cannabis plant materials used for industrial purposes, such as fiber retted from cannabis stalks for use in manufacturing textiles or rope;

• Animal feed mixtures that contain sterilized cannabis seeds and other ingredients (not derived from the cannabis plant) in a formula designed, marketed and distributed for nonhuman consumption;

• Personal care products that contain oil from sterilized cannabis seeds, such as shampoos, soaps, and body lotions (if the products do not cause THC to enter the human body); and

• Processed cannabis plant extract, oil or resin with a minimum ratio of twenty-to-one cannabidiol to tetrahydrocannabinol (20:1 cannabidiol:tetrahydrocannabinol), and diluted so as to contain at least fifty (50) milligrams of cannabidiol per milliliter, with not more than two and one-half (2.5) milligrams of tetrahydrocannabinol per milliliter.

INTRODUCTION

Mississippi did not adopt state laws to legalize hemp under authority of the 2018 Farm Bill.

Legal document found HERE

HOUSE BILL 1547. SCHEDULE I41-29-113.(d)  Hallucinogenic substances.

(23) (A) Marijuana (Cannabidiol contained in a legend drug product approved by the Federal Food and Drug Administration or obtained under Section 41-29-136 is exempt under Schedule I);

(31) Tetrahydrocannabinols, meaning tetrahydrocannabinols contained in a plant of the genus Cannabis (cannabis plant), as well as the synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant such as the following:

(A) 1 cis or trans tetrahydrocannabinol;

(B) 6 cis or trans tetrahydrocannabinol;

(C) 3,4 cis or trans tetrahydrocannabinol.

(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of atomic positions, are covered.)

(“Tetrahydrocannabinols” excludes dronabinol and nabilone.)

However, the following products are exempted from control:

(i) THC-containing industrial products made from cannabis stalks (e.g., paper, rope and clothing);

(ii) Processed cannabis plant materials used for industrial purposes, such as fiber retted from cannabis stalks for use in manufacturing textiles or rope;

(iii) Animal feed mixtures that contain sterilized cannabis seeds and other ingredients (not derived from the cannabis plant) in a formula designed, marketed and distributed for nonhuman consumption;

(iv) Personal care products that contain oil from sterilized cannabis seeds, such as shampoos, soaps, and body lotions (if the products do not cause THC to enter the human body); and

(v) Processed cannabis plant extract, oil or resin with a minimum ratio of twenty-to-one cannabidiol to tetrahydrocannabinol (20:1 cannabidiol:tetrahydrocannabinol), and diluted so as to contain at least fifty (50) milligrams of cannabidiol per milliliter, with not more than two and one-half (2.5) milligrams of tetrahydrocannabinol per milliliter;

Legal document found HERE

SENATE BILL 2349. SECTION 4.41-29-136.

is amended as follows:

(1) “CBD solution” means a pharmaceutical preparation consisting of processed cannabis plant extract in oil or other suitable vehicle.

(2) (a) CBD solution prepared from Cannabis plant extract that is provided by the National Center for Natural Products Research at the University of Mississippi under appropriate federal and state regulatory approvals may be dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center (UMMC Pharmacy) after mixing the extract with a suitable vehicle. The CBD solution may be prepared by the UMMC Pharmacy or by another pharmacy or laboratory in the state under appropriate federal and state regulatory approvals and registrations. For the purposes of clinical trials under this section, CBD solution must meet the standard of exemption from control under Section 41-29-113.

(b) The patient or the patient’s parent, guardian or custodian must execute a hold-harmless agreement that releases from liability the state and any division, agency, institution or employee thereof involved in the research, cultivation, processing, formulating, dispensing, prescribing or administration of CBD solution obtained from entities authorized under this section to produce or possess cannabidiol for research under appropriate federal and state regulatory approvals and registrations.

(c) The National Center for Natural Products Research at the University of Mississippi and the Mississippi Agricultural and Forestry Experiment Station at Mississippi State University are the only entities authorized to produce cannabis plants for cannabidiol research.

(d) Research of CBD solution under this section must comply with the provisions of Section 41-29-125 regarding lawful possession of controlled substances, of Section 41-29-137 regarding record-keeping requirements relative to the dispensing, use or administration of controlled substances, and of Section 41-29-133 regarding inventory requirements, insofar as they are applicable. Authorized entities may enter into public-private partnerships to facilitate research.

Legal document found HERE

LEGAL: Delta 8 THC is legal according to Missouri state law. Like federal law, Missouri specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

TITLE 2 DEPARTMENT OF AGRICULTURE. DIVISION 70 - PLANT INDUSTRIES CHAPTER. 17 - INDUSTRIAL HEMP

EMERGENCY AMENDMENT

2 CSR 70-17.010 Definitions. 

(3) CBD—cannabidiol.

(7) Delta-9 THC—delta-9 tetrahydrocannabinol.

(13) Hemp extract—an extract from a cannabis sativa L. plant or a mixture or preparation containing cannabis sativa L. plant material that is composed of no more than three-tenths of one percent (0.3%) delta-9 THC on a dry weight basis.

(15) Industrial Hemp—as defined in section 195.010 (24), RSMo.

(20) Publicly marketable hemp product—any industrial hemp product that does not include any living hemp plants, viable seeds, viable roots, viable leaf materials, or viable floral materials, and contains no material with a delta-9 THC concentration exceeding three-tenths of one percent (0.3%) on a dry weight basis.

Legal document found HERE

TITLE XII PUBLIC HEALTH AND WELFARE. CHAPTER 195195.010. Definitions.

(24) “Industrial hemp”:

(a) All nonseed parts and varieties of the Cannabis sativa L. plant, growing or not, that contain an average delta-9 tetrahydrocannabinol (THC) concentration that does not exceed three-tenths of one percent on a dry weight basis or the maximum concentration allowed under federal law, whichever is greater;

(b) Any Cannabis sativa L. seed that is part of a growing crop, retained by a grower for future planting, or used for processing into or use as agricultural hemp seed;

(c) Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer products derived from industrial hemp with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis;

(28) “Marijuana”, all parts of the plant genus Cannabis in any species or form thereof, including, but not limited to Cannabis Sativa L., except industrial hemp, Cannabis Indica, Cannabis Americana, Cannabis Ruderalis, and Cannabis Gigantea, whether growing or not, the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination;

Legal document found HERE

195.017. Schedule 1

(ee)  Tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), except industrial hemp, as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:

  a.  1 cis or trans tetrahydrocannabinol, and their optical isomers;

  b.  6 cis or trans tetrahydrocannabinol, and their optical isomers;

  c.  3,4 cis or trans tetrahydrocannabinol, and their optical isomers;

Legal document found HERE

ILLEGAL: Delta 8 THC is not legal according to Montana state law.

MONTANA CODE ANNOTATED 2019 - EFFECTIVE FROM 8/24/2019

TITLE 80. AGRICULTURE. Chapter: 4 INDUSTRIAL HEMP PROGRAM. Subchapter: Hemp Definitions and License Applications4.19.101 DEFINITIONS

(2) “Hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with delta-nine tetrahydrocannabinol (THC) concentration of no more than 0.3 percent on a dry weight basis.

(3) “Hemp plant extract” means a processed product from hemp plant or floral material including but not limited to oil, powder, cake, pellet, etc.

Legal document found HERE

TITLE 50. HEALTH AND SAFETY. CHAPTER 32. CONTROLLED SUBSTANCES. Part 1. General Provisions50-32-101. Definitions.

(18) ”Marijuana (marihuana)” means all plant material from the genus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination.

Legal document found HERE

TITLE 50. HEALTH AND SAFETY. CHAPTER 32. CONTROLLED SUBSTANCES. Part 2. Scheduling of Dangerous Drugs50-32-222. Specific dangerous drugs included in Schedule I.

(4) Hallucinogenic substances. (ff) tetrahydrocannabinols, including synthetic equivalents of the substances contained in the plant or in the resinous extractives of cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as those listed in subsections (4)(ff)(i) through (4)(ff)(iii). Because nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered, are included in the category as follows:

(i) delta 1 (delta 9) cis or trans tetrahydrocannabinol and its optical isomers;

(ii) delta 6 cis or trans tetrahydrocannabinol and its optical isomers; and

(iii) delta 3,4 cis or trans tetrahydrocannabinol and its optical isomers;

Legal document found HERE

LIKELY LEGAL: 

Delta 8 THC is likely legal according to Nebraska state law.

Like federal law, Nebraska specifically states in the LEGISLATIVE BILL 657 – Nebraska Hemp Farming Act that “all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers” from hemp are legal and “shall not be considered a controlled substance”, but the Chapter 28 Uniform Controlled Substances Act Section 28-405 schedules “tetrahydrocannabinols naturally contained in a plant of the genus Cannabis” a Schedule 1 drug. Due to these conflicting laws, we have concluded that Delta-8 THC is likely legal.

LEGISLATIVE BILL 657 - NEBRASKA HEMP FARMING ACT: 

Chapter 2-503. Terms, defined. 

(8) Federally defined THC level for hemp means a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis as defined in section 10113 of the Federal Agriculture Improvement Act of 2018, Public Law 115-334, as such section existed on January 1, 2019;

The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq. SEC. 10113. HEMP PRODUCTION.Subtitle G. SEC. 297A. DEFINITIONS.
‘(1) HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Legal document found HERE

(11) Hemp means the plant Cannabis sativa L. and any part of such plant, including the viable seeds of such plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Hemp shall be considered an agricultural commodity. Notwithstanding any other provision of law, hemp shall not be considered a controlled substance under the Uniform Controlled Substances Act;

(21) THC means tetrahydrocannabinol.

Legal document found HERE

CHAPTER 28 UNIFORM CONTROLLED SUBSTANCES ACT28-401. Terms, defined.

(13) Hemp has the same meaning as in section 2-503;

(14)(a) Marijuana means all parts of the plant of the genus cannabis, whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds.

(b) Marijuana does not include the mature stalks of such plant, hashish, tetrahydrocannabinols extracted or isolated from the plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, the sterilized seed of such plant which is incapable of germination, or cannabidiol contained in a drug product approved by the federal Food and Drug Administration or obtained pursuant to sections 28-463 to 28-468.

(c) Marijuana does not include hemp.

Legal document found HERE

Chapter 28-405. Controlled substances; schedules; enumerated. Schedule I

(c) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, and, for purposes of this subdivision only, isomer shall include the optical, position, and geometric isomers:

(7) Marijuana;

(25) Any material, compound, mixture, or preparation containing any quantity of synthetically produced cannabinoids as listed in subdivisions (A) through (L) of this subdivision, including their salts, isomers, salts of isomers, and nitrogen, oxygen, or sulfur-heterocyclic analogs, unless specifically excepted elsewhere in this section. Since nomenclature of these synthetically produced cannabinoids is not internationally standardized and may continually evolve, these structures or compounds of these structures shall be included under this subdivision, regardless of their specific numerical designation of atomic positions covered, so long as it can be determined through a recognized method of scientific testing or analysis that the substance contains properties that fit within one or more of the following categories:

(A) Tetrahydrocannabinols: Meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers;

Legal document found HERE

LEGAL: Delta 8 THC is legal according to Nevada state law until June 30th, 2020.

CHAPTER 557 - HEMP

NRS 557.160 “Hemp” defined.

1.  “Hemp” means any plant of the genus Cannabis sativa L. and any part of such a plant, including, without limitation, the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a THC concentration that does not exceed the maximum THC concentration established by federal law for hemp.

2.  “Hemp” does not include any commodity or product made using hemp.

Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Rules and Regulations7 CFR Part 990

For the purposes of this new part, and as defined in the 2018 Farm Bill, the term “hemp” means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Legal document found HERE

NRS 557.180 

“THC” defined. [Effective through June 30, 2020.]  “THC” has the meaning ascribed to it in NRS 453A.155.

NRS 557.180

“THC” defined. [Effective July 1, 2020.]  “THC” has the meaning ascribed to it in NRS 453.139.

Legal document found HERE

CHAPTER 453 - CONTROLLED SUBSTANCESNRS 453.096  “Marijuana” defined.

1.  “Marijuana” means:

      (a) All parts of any plant of the genus Cannabis, whether growing or not;

      (b) The seeds thereof;

      (c) The resin extracted from any part of the plant, including concentrated cannabis; and

      (d) Every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.

2.  “Marijuana” does not include:

      (a) Hemp, as defined in NRS 557.160, which is grown or cultivated pursuant to the provisions of chapter 557 of NRS or any commodity or product made using such hemp; or

      (b) The mature stems of the plant, fiber produced from the stems, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stems (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

NRS 453A.155  

“THC” means delta-9-tetrahydrocannabinol, which is the primary active ingredient in marijuana.

NRS 453.139

“THC” defined.  “THC” means:

1.  Delta-9-tetrahydrocannabinol;

2.  Delta-8-tetrahydrocannabinol; and

3.  The optical isomers of such substances.

Legal document found HERE

LEGAL: Delta 8 THC is legal according to Missouri state law. Like federal law, Missouri specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

HB 459-FN - FINAL VERSION 

CHAPTER 439-A – HEMP

IV. “Hemp products” means all products made from hemp, including cloth, cordage, fiber, food, fuel, paint, paper, construction materials, plastics, seed, seed meal, seed oil, and certified seed for cultivation.

V. “Hemp” means the plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration (THC) of not more than 0.3 percent on a dry weight basis.

CONTROLLED DRUG ACT306:3 Marijuana; Hemp Exception. Amend RSA 318-B:2-c

(a) “Marijuana” includes the leaves, stems, flowers, and seeds of all species of the plant genus Cannabis, but shall not include the resin extracted from any part of such plant and every compound, manufacture, salt, derivative, mixture, or preparation from such resin including hashish, and further, shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. Marijuana shall not include hemp grown, processed, marketed, or sold under RSA 439-A.

306:4 Therapeutic Cannabis; Hemp Excepted. Amend 126-X:1

III. “Cannabis” means all parts of any plant of the Cannabis genus of plants, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, salt, derivative, mixture, or preparation of such plant, its seeds, or resin. Such term shall not include the mature stalks of such plants, fiber produced from such stalks, oil, or cake made from the seeds of such plants, any other compound, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seeds of such plants which are incapable of germination. In this chapter, cannabis shall not include hemp grown, processed, marketed, or sold under RSA 439-A.

Legal document found HERE

LEGAL: Delta 8 THC is legal according to New Jersey state law. Like federal law, New Jersey specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

NEW JERSEY HEMP PROGRAM

2:25-1.2 Definitions

“Cannabis” means a genus of flowering plants in the family Cannabaceae of which Cannabissativa is a species, and Cannabis indica and Cannabis ruderalis are subspecies thereof. Cannabis refers to any form of the plant in which the delta-9 tetrahydrocannabinol concentration on a dryweight basis has not yet been determined.

“CBD” or “cannabidiol” is a phytocannabinoid found in cannabis which does not produce psychoactive effects in users.

“Federally defined THC level for hemp” or “acceptable hemp THC level” means a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis for hemp or in a hemp product. Hemp will satisfy the standard of “federally defined THC level for hemp” or “acceptable hemp THC level” if laboratory testing confirms a result within a measurement of the uncertainty that includes the THC concentration level of 0.3 percent. For example, if the reported delta-9 THC content concentration in a sample is 0.35%, and the measurement of uncertainty is +/- 0.099%, the hemp would be compliant, because 0.3% falls within the distribution range between .251% and .449%.

“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers,
whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Hemp and hemp-derived cannabinoids, including cannabidiol, shall be considered an agricultural commodity and not a controlled substance due to the presence of hemp or hemp-derived cannabinoids.

“Hemp Extract” means oil chemically extracted from hemp’s aerial plant part, such as seeds, stalks or flowers, using chemical processes, containing a natural blend of phytocannabinoids, and includes cannabidiol, or “CBD” oil.

“Hemp product” means a finished product with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent that is derived from or made by processing a hemp plant or plant part and prepared in a form available for commercial sale. The term includes cosmetics, personal care products, food intended for human or animal consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids such as cannabidiol. Hemp products shall not be considered controlled substances due to the presence of hemp or hemp-derived cannabinoids.

“THC” means delta-9-tetrahydrocannabinol, which is a psychoactive component in cannabis plants.

Legal document found HERE

LEGAL: Delta 8 THC is legal according to New Mexico state law. Like federal law, New Mexico specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

HEMP FINAL RULE – 20.10.2 NMAC HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING

20.10.2.7 DEFINITIONS

H. “Cannabis sativa L.” means the plant cannabis sativa L. and any part of the plant, whether growing or not.

I. “CBD” means cannabidiol and is a cannabinoid and the primary non-psychoactive ingredient found in hemp.

O. “Hemp” means the plant cannabis sativa L. and any part of that plant, including seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a THC concentration of not more than three-tenths percent on a dry weight basis.

P. “Hemp-derived material” means any material containing THC in any concentration derived from cannabis sativa L. through any activity authorized pursuant to the act.

R. “Hemp extract” means oil and extracts, including cannabidiol, cannabidiolic acid, and other identified and non-identified compounds derived from hemp.

U. “Hemp finished product” means a hemp product that is intended for retail sale and containing hemp or hemp extracts for human consumption, absorption, or inhalation that has a THC concentration of not more than three-tenths of one percent (0.30%).

Z. “Hemp products” means hemp, hemp-derived material, hemp extract, and hemp finished product.

XX. “THC” means delta-9 tetrahydrocannabinol (CAS number 1972-08-3) as measured using a postdecarboxylation method and based on percentage dry weight.

Legal document found HERE

Chapter 8430-31-2. DEFINITIONS. As used in the Controlled Substances Act:

M. “hemp” means the plant Cannabis sativa L. and any part of that plant, including seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta-9- tetrahydrocannabinol concentration of not more than three-tenths percent on a dry weight basis;

“30-31-6. SCHEDULE I. The following controlled substances are included in Schedule I:

E. the enumeration of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol as Schedule I controlled substances does not apply to:

(1) hemp pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture;

(2) cultivation of hemp by persons pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture;

(3) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols with concentrations of up to five percent as measured using a post-decarboxylation method and based on percentage dry weight, possessed by a person in connection with the cultivation, transportation, testing, researching, manufacturing or other processing of the plant Cannabis sativa L., or any part of the plant whether growing or not, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act, by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment;

(4) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols in any concentration possessed by a person in connection with the extraction of tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act, by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment;

(5) the use of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol by certified patients pursuant to the
Controlled Substances Therapeutic Research Act or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act; or

(6) the use, dispensing, possession, prescribing, storage or transport of a prescription drug that the United States food and drug administration has approved and that contains marijuana, a tetrahydrocannabinol derivative or a chemical derivative of tetrahydrocannabinol; and

Legal document found HERE

LEGAL: Delta 8 THC is legal according to New York state law. Like federal law, New York specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

ARTICLE 29 GROWTH OF HEMP

§505. Definitions.

1. “Industrial hemp” means the plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

§505. Definitions.

1. “Hemp” means the plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of a percent on a dry weight basis.

Legal document found HERE

§ 520 Definitions

2. “Hemp extract” means any product made or derived from industrial hemp, including the seeds thereof and all derivatives whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than an amount of the plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than an amount determined by the department in regulation, used or intended for human or animal consumption or use for its cannabinoid content, as determined by the commissioner in regulation. Hemp extract excludes industrial hemp used or intended exclusively for an industrial purpose and those food and/or food ingredients that are generally recognized as safe by the department, and shall not be regulated as hemp extract within the meaning of this article.

Legal document found HERE

ARTICLE 33: CONTROLLED SUBSTANCES. TITLE 1 

§3302

21. “Marihuana” means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.

The term “marihuana” shall not include:

(a) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination;

(b) hemp, as defined in subdivision one of section five hundred five of the agriculture and markets law;

(c) cannabinoid hemp as defined in subdivision two of section thirty-three hundred ninety-eight of this chapter; or

(d) hemp extract as defined in subdivision five of section thirty-three hundred ninety-eight of this chapter.

Legal document found HERE

§ 3306 Schedules of controlled substances

Schedule I. (d) Hallucinogenic substances.

(13) Marihuana.

(21) Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following:

/\1 cis or trans tetrahydrocannabinol, and their optical isomers

/\6 cis or trans tetrahydrocannabinol, and their optical isomers

/\3, 4 cis or trans tetrahydrocannabinol, and its optical isomers

(since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered).

Legal document found HERE

§ 3307 Exception from schedules

5. The commissioner may by regulation or emergency regulation, reclassify any compound, mixture or preparation containing any substance listed in Schedule I of section three thousand three hundred six of this title as a Schedule II, III, IV or V substance, or exempt it from this article, if that same compound, mixture or preparation is redesignated or rescheduled other than under Schedule I under the federal Controlled Substances Act, or deleted as a controlled substance under the federal Controlled Substances Act. If the commissioner acts under this subdivision and does not exempt the compound, mixture or preparation from this article, he or she may only reclassify it to a newly created subdivision in the same numbered schedule or a higher numbered schedule than to which it is redesignated or rescheduled under the federal act.

Legal document found HERE

LEGAL: Delta 8 THC is legal according to North Carolina state law. Like federal law, North Carolina specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

SENATE BILL 352 -SECOND EDITION. AN ACT REVISING THE NORTH CAROLINA CONTROLLED SUBSTANCES ACT. 

§ 90-87. Definitions.

(13a) “Hemp” means the plant Cannabis sativa (L.) and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, within a delta-9 THC concentration of three-tenths percent (0.3%) on a dry weight basis.

(13b) “Hemp extract” means an extract from hemp, or a mixture or preparation containing hemp plant material or compounds, within a delta-9 THC concentration of three-tenths percent (0.3%) on a dry weight basis.

(13c) “Hemp product” means any product within a delta-9 THC concentration of three-tenths percent (0.3%) on a dry weight basis derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption as approved by the United States Food and Drug Administration or the United States Department of Agriculture, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. “Hemp product” does not include smokable hemp.

(16) “Marijuana” means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil, or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. The term “marijuana” also includes smokable hemp.
The term does not include hemp, when in the possession, custody, or control of a person who holds a license permitting that person to cultivate or handle hemp; hemp products; or hemp extracts. A licensed cultivator or licensed handler may possess raw hemp plant material for the purpose of (i) selling the raw hemp plant material to a licensed handler or a person who may legally receive the raw hemp plant material in that person’s jurisdiction or (ii) processing the raw hemp plant material into a hemp product or hemp extract.

SECTION 6. G.S. § 90-94. Schedule VI controlled substances.

This schedule includes the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated. In determining that such substance comes within this schedule, the Commission shall find: no currently accepted medical use in the United States, or a relatively low potential for abuse in terms of risk to public health and potential to produce psychic or physiological dependence liability based upon present medical knowledge, or a need for further and continuing study to develop scientific evidence of its pharmacological effects.
The following controlled substances are included in this schedule:
(1) Marijuana.
(2) Tetrahydrocannabinols, except for tetrahydrocannabinols in hemp products or hemp extracts.
(3) Repealed by Session Laws 2017-115, s. 8, effective December 1, 2017, and applicable to offenses committed on or after that date.

Legal document found HERE

Delta 8 THC is legal according to North Dakota state law. Like federal law, North Dakota specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

TITLE 4.1 AGRICULTURE. CHAPTER 4.1-18.1 HEMP 4.1-18.1-01. Hemp (cannabis sativa L.).

“Hemp” means the plant cannabis sativa L. and any part of the plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis.

Legal document found HERE

CHAPTER 19-03.1 UNIFORM CONTROLLED SUBSTANCES ACT19-03.1-01. Definitions.

18. “Marijuana” means all parts of the plant cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The term marijuana does not include hemp as defined in title 4.1.

19-03.1-05. Schedule I.

5. Hallucinogenic substances. n. Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, including synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant; excluding tetrahydrocannabinols found in hemp as defined in title 4.1; such as the following:

(1) Delta-1 cis or trans tetrahydrocannabinol, and their optical isomers. Other names: Delta-9-tetrahydrocannabinol.

(2) Delta-6 cis or trans tetrahydrocannabinol, and their optical isomers.

(3) Delta-3,4 cis or trans tetrahydrocannabinol, and its optical isomers.

(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic
positions covered.)

Legal document found HERE

LEGAL: Delta 8 THC is legal according to Ohio state law. Like federal law, Ohio specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

AMENDED SUBSTITUTE SENATE BILL NUMBER 57

(3) Hemp, as defined in section 928.01 of the Revised Code.

Ohio Revised Code » Title [9] IX AGRICULTURE – ANIMALS – FENCES » Chapter 928: Hemp and Hemp Products

(C) “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths per cent on a dry weight basis.

(27) Tetrahydrocannabinols (synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: delta-1-cis or trans tetrahydrocannabinol, and their optical isomers; delta-6-cis or trans tetrahydrocannabinol, and their optical isomers; delta-3,4-cis or trans tetrahydrocannabinol, and its optical isomers. (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are covered.)), excluding tetrahydrocannabinols found in “hemp” and “hemp products” as those terms are defined in section 928.01 of the Revised Code;

Legal document found HERE

LEGAL: Delta 8 THC is legal according to Oklahoma state law. Like federal law, Oklahoma specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

OKLAHOMA STATUTES. TITLE 2. AGRICULTURE

§2-3-401. Short title – Oklahoma Industrial Hemp Program.

This act shall be known and may be cited as the “Oklahoma Industrial Hemp Program”.
Added by Laws 2018, c. 64, § 1, emerg. eff. April 23, 2018. Amended by Laws 2019, c. 91, § 2, emerg. eff. April 18, 2019.

§2-3-402. Definitions.

3. “Industrial hemp” means the plant Cannabis sativa L. and any part of the plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry-weight basis;

Legal document found HERE

TITLE 63. OKLAHOMA PUBLIC HEALTH CODE 

§63-2-101v2. Definitions.

23. “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, but shall not include:

a. the mature stalks of such plant or fiber produced from such stalks,

b. oil or cake made from the seeds of such plant, including cannabidiol derived from the seeds of the marijuana plant,

c. any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), including cannabidiol derived from mature stalks, fiber, oil or cake,

d. the sterilized seed of such plant which is incapable of germination,

e. for any person participating in a clinical trial to administer cannabidiol for the treatment of severe forms of epilepsy pursuant to Section 2-802 of this title, a drug or substance approved by the federal Food and Drug Administration for use by those participants,

f. for any person or the parents, legal guardians or caretakers of the person who have received a written certification from a physician licensed in this state that the person has been diagnosed by a physician as having Lennox-Gastaut Syndrome, Dravet Syndrome, also known as Severe Myoclonic Epilepsy of Infancy, or any other severe form of epilepsy that is not adequately treated by traditional medical therapies, spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, appetite stimulation with chronic wasting diseases, the substance cannabidiol, a nonpsychoactive cannabinoid, found in the plant Cannabis sativa L. or any other preparation thereof, that has a tetrahydrocannabinol concentration of not more than threetenths of one percent (0.3%) and that is delivered to the patient in the
form of a liquid,

g. any federal Food and Drug Administration-approved cannabidiol drug or substance, or

h. industrial hemp, from the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis which shall only be grown pursuant to the Oklahoma Industrial Hemp Agricultural Pilot Program and may be shipped to Oklahoma pursuant to the provisions of subparagraph e or f of this paragraph;

38. “Tetrahydrocannabinols” means all substances that have been chemically synthesized to emulate the tetrahydrocannabinols of marijuana; [not hemp]

§63-427.2v1. Definitions.

63. “THC” means tetrahydrocannabinol, which is the primary psychotropic cannabinoid in marijuana formed by decarboxylation of naturally tetrahydrocannabinolic acid, which generally occurs by exposure to heat;

Legal document found HERE

STATE BILL 238. SECTION 1. C.

C. Retail sales of industrial hemp and hemp products may be conducted without a license so long as the products and the hemp used in the products were grown and cultivated legally in this state or another state or jurisdiction and meet the same or substantially the same requirements for processing hemp products or growing hemp. The addition of derivatives of hemp, including hemp-derived cannabidiol, to cosmetics, personal care products and products intended for human or animal consumption shall be permitted without a license and shall not be considered an adulteration of such products.

Legal document found HERE

LEGAL: Delta 8 THC is legal according to Oregon state law. Like federal law, Oregon specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

OAR - CHAPTER 603 - DIVISION 48 - INDUSTRIAL HEMP

OAR 603-048-0010 – Definitions

(15) “Hemp Item” has the meaning provided in OAR 603-048-2310.

(16) “Industrial hemp”:

(a) Means all non-seed parts and varieties of the Cannabis plant, whether growing or not, that contain an average tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis.

(b) Means any Cannabis seed:

(A) That is part of a crop;

(B) That is retained by a grower for future planting;

(C) That is agricultural hemp seed;

(D) That is for processing into or for use as agricultural hemp seed; or

(E) That has been processed in a manner or to an extent that the Cannabis seed is incapable of germination.

(c) Does not mean:

(A) Industrial hemp commodities or products; or

(B) Marijuana, as that is defined in ORS 475B.015.

475B.015 Definitions

(17)(a) “Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and marijuana seeds.

(b) “Marijuana” does not include:

(A) Industrial hemp, as defined in ORS 571.269; or

(B) Prescription drugs, as that term is defined in ORS 689.005, including those containing one or more cannabinoids, that are approved by the United States Food and Drug Administration and dispensed by a pharmacy, as defined in ORS 689.005.

OAR 603-048-2310.– Definitions:

(16) “Cannabinoid hemp product”

(a) Means a hemp edible or any other product intended for human consumption including a hemp topical or hemp transdermal patch, that contains cannabinoids from industrial hemp or the dried leaves or flowers of hemp; or

(b) Usable hemp, hemp extracts and hemp concentrates that have been combined with an added substance.

(c) Cannabinoid hemp product does not include usable hemp by itself, hemp stalk by itself, a hemp concentrate or extract by itself, hemp seed incapable of germination by itself, or other products derived only from hemp seeds incapable of germination that may include other non-hemp ingredients.

(d) For sampling and testing purposes is equivalent to a cannabinoid product as that is defined in OAR 333-007-0310.

(17) “Hemp concentrate or extract”

(a) Means a substance obtained by separating cannabinoids from industrial hemp leaves, flowers, or stalk by a mechanical, chemical or other process.

(b) For sampling and testing purposes is equivalent to a cannabinoid concentrate or edible as that is defined in OAR 333-007-0310.

(19) “Hemp item”

(a) Means usable hemp, hemp stalk, a hemp cannabinoid product, or a hemp concentrate or extract.

(b) For sampling and testing purposes is equivalent to a marijuana item as that is defined in OAR 333-007-0310.

Public Health Division – Chapter 333

333-007-0310 – Definitions

(38) “Marijuana”

(a) “Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae.

(b) “Marijuana” does not include industrial hemp, as defined in ORS 571.300.

(39) “Marijuana item” means marijuana, usable marijuana, a cannabinoid product or a cannabinoid concentrate or extract.

(38) “THC” means tetrahydrocannabinol and has the same Chemical Abstracts Service Number as delta-9 THC.

Legal document found HERE

LEGAL: Delta 8 THC is legal according to Pennsylvania state law. Like federal law, Pennsylvania specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

Section 2. Definitions. “Industrial hemp.” A plant of the genus cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis.“Product.” A finished product containing industrial hemp which:(1) Is a cosmetic, food, food additive or herb.1234567891011121314151617
(2) Is for human use or consumption.(3) Contains any part of the hemp plant, including naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, resins or derivatives.(4) Contains a delta-9 tetrahydrocannabinol concentration of not more than 0.3%.Section 3. Manufacturing of food products. Each manufacturer of food containing industrial hemp must comply with the following:Legal document found HEREHOUSE BILL No.1899 – ARTICLE VIII-A. ADULT USE CANNABISSection 802-A. Definitions.“Cannabis.” The plant of the genus cannabis whether growing or not, the parts and seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including cannabis concentrate. The term does not include industrial hemp or fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant that is incapable of germination or the weight of another ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other product.

Legal document found HERE

SENATE BILL No.936

Section 1. The definition of “marihuana” in section 2(b) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, is amended to read:

Section 2. Definitions.“Marihuana” [consists of all forms, species and/or varieties of the genus Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin;but shall not include tetrahydrocannabinols, the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, cake, or the sterilized seed of such plant which is incapable of germination.] means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin. The term does not include:(1) industrial hemp, as defined in 3 Pa.C.S. § 702 (relating to definitions); orTitle 3 § 702. Definitions. “Industrial hemp.” The plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis.(2) the mature stalks of an industrial hemp plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil or cake or the sterilized seed of such plant which is incapable of germination. Legal document found HERE

ILLEGAL: Delta 8 THC is likely not legal according to Rhode Island state law. Rhode Island legalized all derivates, cannabinoids, and isomers of hemp. However, Rhode Island has another law that defines Delta 8 THC under Rhode Island’s definition of “THC” and makes it illegal for human consumption. It does not appear hemp-derived Delta 8 THC would be exempt from this law, and would need further clarification from state lawmakers in order to confidently sell Delta 8 THC in Rhode Island.

LEGAL: Delta 8 THC is legal according to South Carolina state law. Like federal law, South Carolina specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

SOUTH CAROLINA HOUSE BILL 3449

Section 46-55-10. (6)

‘Federally defined THC level for hemp’ means a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. sec 5940, whichever is greater.

7 U.S.C. sec 5940

(2) Industrial hemp
The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(8)    ‘Hemp’ or ‘industrial hemp’ means the plant Cannabis sativa L. and any part of that plant, including the non-sterilized seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp. Hemp shall be considered an agricultural commodity.

(9)    ‘Hemp products’ means all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or hemp plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. Unprocessed or raw plant material, including non-sterilized hemp seeds, is not considered a hemp product.

(11) ‘Marijuana’ has the same meaning as in Section 44-53-110 and does not include tetrahydrocannabinol in hemp or hemp products as defined herein.

Legal document found HERE

LEGAL: Delta 8 THC is legal according to South Dakota state law. Like federal law, South Dakota specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

2019 HOUSE BILL 1191

Section 1. That subdivision (7) of § 22-42-1 be amended to read:

(7) “Marijuana,” all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include industrial hemp as defined in section 3 of this Act, fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such the plant;

Section 2. That subdivision (12) of § 34-20B-1 be amended to read:

(12) “Marijuana,” all parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds. The term does not include industrial hemp as defined in section 3 of this Act, fiber produced from the mature stalks of the plant, or oil or cake made from the seeds of the plant, or the resin when extracted from any part of the plant or cannabidiol, a drug product approved by the United States Food and Drug Administration;

Section 3. That the code be amended by adding a NEW SECTION to read:

For the purposes of this Act, industrial hemp or hemp, is the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Legal document found HERE

Legal: Delta 8 THC is legal according to Tennessee state law. Like federal law, Tennessee specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

SENATE BILL NO.357

43-27-101.

(3) “Hemp” means the plant cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis; and

(4) “THC” means delta-9 tetrahydrocannabinol.

SECTION 1.
Tennessee Code Annotated, Section 39-17-402(16)(C), is amended by deleting the subdivision and substituting the following:

(C) “Marijuana” also does not include hemp, as defined in § 43-27-101;

SECTION 3.
Tennessee Code Annotated, Section 39-17-415, is amended by deleting subsection (c) and substituting the following:

(c) This section does not categorize hemp, as defined in $ 43-27-101, as a controlled substance.

SECTION 12.
Tennessee Code Annotated, Title 43, is amended by adding the following as a new chapter:

Legal document found HERE

LEGAL: Delta 8 THC is legal according to Texas state law. Like federal law, Texas specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

TITLE 5. SUBTITLE F. - HEMP

Sec. 121.001. DEFINITION.

“hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Legal document found HERE

TITLE 6. SUBTITLE C. - SUBSTANCE ABUSE REGULATION AND CRIMESSec. 481.002. DEFINITIONS.

(5) “Controlled substance” means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance. The term does not include hemp, as defined by Section 121.001, Agriculture Code, or the tetrahydrocannabinols in hemp.

(26) “Marihuana” means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.

The term does not include:

(A) the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;

(B) the mature stalks of the plant or fiber produced from the stalks;

(C) oil or cake made from the seeds of the plant;

(D) a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;

(E) the sterilized seeds of the plant that are incapable of beginning germination; or

(F) hemp, as that term is defined by Section 121.001, Agriculture Code.

Legal document found HERE

SENATE BILL NO.357

43-27-101.

(3) “Hemp” means the plant cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis; and

(4) “THC” means delta-9 tetrahydrocannabinol.

SECTION 1.

Tennessee Code Annotated, Section 39-17-402(16)(C), is amended by deleting the subdivision and substituting the following:

(C) “Marijuana” also does not include hemp, as defined in § 43-27-101;

SECTION 3.

Tennessee Code Annotated, Section 39-17-415, is amended by deleting subsection (c) and substituting the following:

(c) This section does not categorize hemp, as defined in $ 43-27-101, as a controlled substance.

SECTION 12.

Tennessee Code Annotated, Title 43, is amended by adding the following as a new chapter:

Legal document found HERE

Provide the answer to the question here.

TITLE 6 - AGRICULTURE. CHAPTER 34: HEMP§ 562. Definitions

(4) “Hemp products” or “hemp-infused products” means all products with the federally defined tetrahydrocannabinol concentration level for hemp derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, construction materials, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.

(5) “Hemp” or “industrial hemp” means the plant Cannabis sativa L. and any part of the plant, including the seeds and all derivatives, extracts, cannabinoids, acids, salts, isomers, and salts of isomers, whether growing or not, with the federally defined tetrahydrocannabinol concentration level of hemp. “Hemp” shall be considered an agricultural commodity.

2018 Farm Bill

“Hemp” means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Legal document found HERE

TITLE 18: HEALTH. CHAPTER 84§ 4201. Definitions

(15)(A) “Marijuana” means all parts of the plant Cannabis sativa L., except as provided by subdivision (B) of this subdivision (15), whether growing or harvested, and includes:

(i) the seeds of the plant;

(ii) the resin extracted from any part of the plant; and

(iii) any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.

(B) “Marijuana” does not include:

(i) the mature stalks of the plant and fiber produced from the stalks;

(ii) oil or cake made from the seeds of the plant;

(iii) any compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;

(iv) the sterilized seed of the plant that is incapable of germination; or

(v) hemp or hemp products, as defined in 6 V.S.A. § 562.

Legal document found HERE

CHAPTER 653§ 3.2-4112. Definitions.“Hemp product” means any finished product that is otherwise lawful and that contains industrial hemp, including rope, building materials, automobile parts, animal bedding, animal feed, cosmetics, oil containing an industrial hemp extract, or food or food additives for human consumption.“Industrial hemp” means any part of the plant Cannabis sativa, including seeds thereof and any derivative, extract, cannabinoid, isomer, acid, salt, or salt of an isomer, whether growing or not, with a concentration of tetrahydrocannabinol that is no greater than that allowed by federal law

2018 Farm Bill

“Hemp” means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Legal document found HEREDRUG CONTROL ACT§ 54.1-3401. (Effective until July 1, 2020) Definitions.Marijuana” means any part of a plant of the genus Cannabis whether growing or not, its seeds, or its resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or its resin. Marijuana shall not include any oily extract containing one or more cannabinoids unless such extract contains less than 12 percent of tetrahydrocannabinol by weight, nor shall marijuana include the mature stalks of such plant, fiber produced from such stalk, or oil or cake made from the seeds of such plant, unless such stalks, fiber, oil, or cake is combined with other parts of plants of the genus Cannabis. Marijuana shall not include (i) industrial hemp, as defined in § 3.2-4112, that is possessed by a person registered pursuant to subsection A of § 3.2-4115 or his agent, or (ii) a hemp product, as defined in § 3.2-4112, containing a tetrahydrocannabinol concentration of no greater than 0.3 percent that is derived from industrial hemp, as defined in § 3.2-4112, that is grown, dealt, or processed in compliance with state or federal law.§ 54.1-3446. Schedule I.Tetrahydrocannabinols, except as present in (i) industrial hemp, as defined in § 3.2-4112, that is possessed by a person registered pursuant to subsection A of § 3.2-4115 or his agent; (ii) a hemp product, as defined in § 3.2-4112, containing a tetrahydrocannabinol concentration of no greater than 0.3 percent that is derived from industrial hemp, as defined in § 3.2-4112, that is grown, dealt, or processed in compliance with state or federal law; (iii) marijuana; or (iv) dronabinol in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the U.S. Food and Drug Administration;Legal document found HERE

SENATE BILL 5276Sec. 2. RCW 15.120.010

“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Sec. 5. RCW 69.50.101

(d) “CBD product” means any product containing or consisting of cannabidiol.

(f) “Controlled substance” means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules, but does not include hemp as defined in RCW 15.120.010.

(x) “Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include:

(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination; or
(2) Hemp as defined in RCW 15.120.010.

(tt) “THC concentration” means percent of delta-9 tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or weight of marijuana product, or the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.

Legal document found HERE

HOUSE BILL 2694.§19-12E-3. Definitions.

(g) “Hemp” or “industrial hemp” means all parts and varieties of the plant Cannabis sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not with no greater than 0.3% tetrahydrocannabinol, or the THC concentration for hemp defined in 7 U.S.C. § 5940, whichever is greater;

7 U.S. Code § 5940.Legitimacy of industrial hemp research

(2) Industrial hemp
The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(h) “Hemp products” means all products derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale;

(j) “Marijuana” means all plant material from the genus cannabis containing more than one percent tetrahydrocannabinol or seeds of the genus capable of germination;

(l) “THC” means tetrahydrocannabinol. Notwithstanding any other provision of this code to the contrary, the THC found in industrial hemp shall not be considered to be THC for the purposes of qualifying as a controlled substance.

Legal document found HERE

CHAPTER 94 - PLANT INDUSTRY94.55  Hemp.

(1)  Definition. In this section, “ hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis or the maximum concentration allowed under federal law up to 1 percent, whichever is greater, as tested using post-decarboxylation or other similarly reliable methods. “Hemp” does not include a prescription drug product that has been approved by the U.S. food and drug administration.

Legal document found HERE

CHAPTER 961 - UNIFORM CONTROLLED SUBSTANCES ACT961.01(14)

(14) “Marijuana” means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. “Marijuana” does include the mature stalks if mixed with other parts of the plant, but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination. “Marijuana” does not include hemp, as defined in s. 94.55 (1).

961.14(4)(t)

(t) Tetrahydrocannabinols, commonly known as “THC”, in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized,

except that tetrahydrocannabinols do not include any of the following:

1. Tetrahydrocannabinols contained in a cannabidiol product that is dispensed as provided in s. 961.38 (1n) (a) or that is possessed as provided in s. 961.32 (2m) (b).
2. Tetrahydrocannabinols contained in fiber produced from the stalks, oil or cake made from the seeds of a Cannabis plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of a Cannabis plant which is incapable of germination.
3. Tetrahydrocannabinols contained in hemp, as defined in s. 94.55 (1).

Legal document found HERE

BILL NO. HB0171. CHAPTER 51 - HEMP PRODUCTION11‑51‑101. Definitions.

(iii) “Hemp” or “hemp product” means all parts, seeds and varieties of the plant cannabis sativa l., whether growing or not, or a product, derivative, extract, cannabinoid, isomer, acid, salt or salt of isomer made from that plant with a THC concentration of not more than three‑tenths of one percent (0.3%) on a dry weight basis when using post‑decarboxylation or another similarly reliable testing method;

(vii) “THC” means tetrahydrocannabinol, the psychoactive component of the cannabis plant, with the scientific name trans‑delta 9‑tetrahydrocannabinol.

35‑7‑1011. Control of substances.

(d) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law the commissioner shall control the substance under this act in the same manner as federal law within thirty (30) days after receiving notice of the change but not later than thirty (30) days after the first publication of the change in the Federal Register. Under this subsection, the commissioner shall control the substance in the same manner as federal law through the promulgation of an emergency rule, followed by promulgation of a permanent rule under the Wyoming Administrative Procedure Act. If the commissioner objects to the designation, rescheduling or deletion of a substance, the commissioner shall within the same period required to control the substance publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the commissioner shall publish his decision which shall be final unless altered by statute. Upon publication of an objection to designation, rescheduling or deletion under this act by the commissioner, control under this act is stayed until the commissioner publishes his final decision. Any final decision that ultimately controls the substance under this act in the same manner as federal law shall be finalized through the promulgation of an emergency rule, followed by the promulgation of a permanent rule under the Wyoming Administrative Procedure Act.

35‑7‑1063. Exceptions to provisions.

(a) The provisions and penalties of this chapter shall not apply to:

(i) The possession or use of hemp or hemp products for any purpose or application;

(iii) Hemp production, processing or testing in accordance with the provisions of W.S. 11‑51‑101 through 11‑51‑107.

(b) As used in this section “hemp” or “hemp product” means all parts, seeds and varieties of the plant cannabis sativa l. or a product made from that plant with a trans‑delta 9‑tetrahydrocannabinol (THC) concentration of not more than three‑tenths of one percent (0.3%) on a dry weight basis.

Legal document found HERE